Lawyer can take stress out of being an executor
The executor of an estate is responsible to “administer” the estate and often must go through the probate process.
Probate is a legal process where a deceased person’s will is legally recognized by the court and the court gives the executor legal authority to administer the deceased’s estate by issuing a “grant of Probate.”
Understanding and navigating the probate process without legal assistance can be a confusing and timely, with plenty of room for error.
Done improperly, administering an estate can also result in personal liability for the executor.
Having an estate lawyer, who is dedicated and experienced in this area of wills and estate law, to assist with this process can eliminate unnecessary errors and expenses and reduce the overall time of the process.
Executors do not pay personally for legal expenses related to probating and administering the estate. Reasonable professional services fees (including legal and accounting fees) are paid for by the estate.
There is a long list of reasons to seek legal advice as an executor and some of the most critical reasons are listed below:
— Support for the executor — An executor’s duties are significant and can take over a year to complete. The demands are weighty and most executors value the support of a lawyer to offer guidance and assistance in seeing these responsibilities through.
An estate lawyer can answer all your questions and assist you with all aspects of administering an estate. For tasks outside the area of legal services, they can also refer executors to external resources that can assist.
— Navigate and execute the process efficiently – Probate court requires specific documents to be filed and the information must be set out in in a very specific manner. Without these documents properly in place, the initial application for probate may be rejected.
Having a lawyer assist you will ensure the timely and correct submission of all documents, while preventing a tedious and time consuming task from needing to be done twice.
— Identifying assets and resolving debts – Identifying all the assets of a deceased person, resolving taxes and other debts can be a daunting undertaking. An estate lawyer can help you find and evaluate assets as well as resolve debts and taxes.
— Avoid family conflict — Often, family members want to be involved with the probate process. Regrettably, the involvement of anyone other than the executor and a lawyer too often results in tension, confusion and resentment.
Having a lawyer quarterback the probate process helps with this scenario and also decreases the risk of a family member questioning the proper administration of an estate, particularly where conflict is pre-existing or in blended family situations.
— Avoid expensive and time consuming litigation — Unfortunately, if there’s tension or disagreement among family members over an estate, it can result in a legal fight. When a spouse or child contests a will, the ensuing “wills variation action” is long and expensive and typically emotionally painful. An estate lawyer can work with the conflicted individuals to resolve conflict and where a court battle is unavoidable, the assistance of an estate litigator is highly recommended.
— Avoid claim against the estate — This situation arises commonly when a spouse or child believes that the estate is not being administered or distributed properly. When a lawyer is involved, beneficiaries usually trust that the estate is being managed properly and they tend to be more patient with the process.
Being an executor can be challenging, but executors don’t need to face this substantial duty alone. An executor is permitted to hire a lawyer to assist and the estate is responsible to pay for this help. Most executors would benefit from working alongside an estate lawyer in carrying out this important job.
Jody Pihl is senior counsel at Pihl Law Corporation and offers a full range of legal services in the area of wills and estates. Phone: 250-762-5434. Email: lawyers@pihl.ca. On the web: pihl.ca.